LAXMAN KRUSHNA SANGADE Vs. HARI

JUDGEMENT

(1.) The defeated defendants have impugned the Judgments and decrees of the Court of the first instance and the first appellate Court.

(2.) The appellants will be referred to as the "defendants" and the respondents as the "plaintiffs" for convenience.

(3.) The plaintiffs have claimed that they had filed a suit for redemption and possession. The agricultural fields were the suit lands. The plaintiffs had a case that they were in dire need of money. They contacted the defendants for financial assistance. The defendants agreed to pay a loan subject to the condition of executing the sale deed in their favour. They also agreed to reconvey the suit lands to them upon returning their amount. A contract was concluded that the plaintiffs would refund Rs.1200.00 to them within ten years, and they would reconvey the suit fields to them. Accordingly, on 3/11/1973, the sale deed was executed. On the same day, a contemporary document titled an agreement of resale of the suit lands on refunding the loan amount was also created. It was purely a mortgage by conditional sale. The plaintiffs went to the defendants with the loan amount and requested them to reconvey the suit lands. However, they denied it. Hence, the suit was filed.